TERMS AND CONDITIONS OF THE WHISBEAR.AL ONLINE STORE

The following Terms and Conditions define the terms of using and making purchases through the Online Store operated by the Seller at the Whisbear.al website.

The Seller is a company – Manderina Shpk with its registered seat in Tirana, at Rr. Mihal Popi, Pall. 1 Maji, Shk 26, Nr 5, Tirana, registered in National Business Center on 10 June 2014 with tax identification number (NUIS) L41810019J.

The Seller can be contacted:

– by phone (helpline): + 355 45628717 (per-minute charge applied according to the rate of a given operator);

– by e-mail: sales(at)manderina.com;

– in person: Manderina Promotion – Rr. Mihal Popi, Pall. 1 Maji, Shk 26, Nr 5, Tirana (Monday-Friday, from 9.00 AM to 3:00 PM).

• 1

[Definitions]

Whisbear.al Online Store – an organized IT structure placed at the www.Whisbear.al website, used to conclude Contracts of Sale by electronic means.

Buyer – a natural person, a legal entity or an unincorporated body, which may acquire rights and incur liabilities in its own name, in accordance with the provisions of generally applicable law.

Consumer – a natural person using the Whisbear.al Online Shop for purposes not directly related to their business or professional activity.

Seller – Whisbear Albania, part of Manderina Shpk., providing sales services through the Whisbear.al Online Store on the terms set out in these Terms and Conditions.

Product – a movable property, presented in the Whisbear.al Online Store, to which the Contract of Sale applies, intended for children from the age of three, unless the description of the Product states otherwise.

Contract of Sale – a contract of sale for the sale of Products, concluded between the Seller and the Buyer via the Whisbear.al Online Store.

Order – Buyer’s declaration of intent clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Contract of Sale.

User Account – a set of resources in the Seller’s IT system, where data and information about Orders placed is collected, designated with an individual name (login) and a password provided by the Buyer.

• 2

[General provisions]

When making purchases through the Whisbear.al Online Store, the Buyer shall accept the provisions of these Terms and Conditions and shall undertake to comply with them.

All Products offered at the Whisbear.al Online Store are brand new, originally packed, and free from physical defects.

Seller shall not be liable for the e-mail servers’ administrators blocking the sending of messages to the e-mail address indicated by the Buyer, as well as for e-mails deleted and blocked by software installed on a computer or other device used by the Buyer.

Author’s economic rights to the graphic elements of Whisbear.al are vested in the Seller. The Seller does not agree to their use without their express consent.

• 3

[Ordering procedure]

Orders at the Whisbear.al Online Store can be placed 24 hours a day, 7 days a week, throughout the year (except for maintenance breaks).

In order to place Orders it is necessary to have an active e-mail account.

An Order can only be processed when, in addition to accepting these Terms and Conditions, the Order Form is completed by way of providing correct contact details, including the exact shipping address, telephone number, and e-mail address.

In the event data referred to is incomplete, the Seller shall contact the Buyer. In the event this shall not be possible, the Seller shall have the right to cancel the Order.

In the event the Buyer’s data provided during the process of setting up a User Account or completing a one-off order form shall change, the Buyer shall be obliged to immediately update it.

User Account is obtained by completing the form available via Whisbear.al.

After filling in the form, an activation e-mail shall be sent to the e-mail address provided therein. This e-mail shall be received and confirmed by clicking on the activation link.

Buyer shall be obliged to provide true and complete information in the process of registering a User Account or filling out a one-off order form. Providing unlawful content shall not be permitted.

In the case of a one-off Order, it shall not be necessary to create a User Account. The Order Form must be completed correctly and the terms and delivery conditions contained therein must be accepted.

The shipping address provided during User Account registration is also the default shipping address. Buyer shall have the option of providing a different address each time they place an order.

In the event a business address is provided when filling out an Order Form, the name of the company must additionally be provided.

• 4

[Procedure for concluding a contract of sale]

Contract of Sale is concluded following the completion of the Order Form, referred to in Art. 3 ss. 3 of these Terms and Conditions.

In order to place an Order the Buyer shall:

• select the ordered Products and their quantity;
• select the delivery method, enter shipping address, and enter invoice or receipt details;
• select the payment method;
• select the box confirming the order and informing about the obligation to pay (messages on the website shall be followed).

After submitting an Order an e-mail containing a statement confirming the receipt of the order, the manner of its processing, and the conclusion of the Contract of Sale between the Buyer and the Seller shall be sent immediately to the e-mail address provided by the Buyer.

The amount of Products offered at the Whisbear.al Online Store varies and is constantly updated.

Orders are accepted in the order in which they shall be received, until stocks last. In the event Products specified in the Order are unavailable, the Seller shall notify the Buyer about this immediately, however not later than within 14 days from the date of the conclusion of the Contract of Sale, and shall return the payment to the Buyer. The notification shall be sent to the e-mail address provided by the Buyer in the Order Form.

• 5

[Prices, payments, and order cancellations]

The total cost of the Order consists of the Product price and the shipping price (cost of delivery). The Product price indicated at the Whisbear.al website shall be binding at the time of placing the Order by the Buyer.

All Product prices posted at the Whisbear.al Online Store:

• are given in Albanian Lek and Euro;
• include taxes;
• do not include delivery costs – the Buyer is informed about the obligation to pay such costs at the Whisbear.al Online Store website while placing the Order.

Delivery cost shall depend on the form of delivery of the Product selected by the Buyer.

Buyer may choose the following forms of payment for ordered Products:

• electronic payment by means of a credit card or an e-transfer: the Order shall be processed after the Seller receives a confirmation of the correct performance of the operation from the payment operator.
• bank transfer: the Order shall be processed after the payment has been credited to the Seller’s bank account;

In the case of payments with a bank transfer, the Buyer shall be obliged to make a payment to the Seller’s bank account, the details of which shall be sent in the e-mail confirming the placing of an Order, with the subject line ‘Order No. [●]’. Payment shall be made within 3 days from the date of receiving the e-mail confirming the acceptance of the Order.

In the event the Buyer shall fail to make a payment within the time specified above, the Seller shall send an e-mail to the Buyer reminding the Buyer to pay for the Order. In the e-mail reminder the Seller shall give the Buyer another three-day period, after which the order shall be cancelled.

Settlements of credit card transactions and e-transfers are carried out through EasyPay Shpk, with its registered seat in Tirana, with website https://easypay.al/

An Order may also be cancelled or modified at the Buyer’s request, submitted before shipment of the Product at the latest. The request to cancel an Order shall be sent to: sales(at)manderina.com.

Shipment delivery date shall each time depend on the selected shipment type and shall result from the terms and conditions for the provision of transport services applied by Posta Shqiptare or Albanian Courier.

• 6

[Complaints and guarantees]

The following section of Terms and Conditions shall only apply in relations with Buyers who are Consumers.

The Seller may be liable towards the Consumer under the warranty if the Product sold has a physical or legal defect within the meaning of generally applicable provisions of law.

In case the Product has a defect, the Consumer may demand that shall be brought into conformity with the Contract of Sale by way of a free repair or a replacement of the Product with a new one, unless repair or replacement shall be impossible or shall require excessive costs.

When assessing the excess of costs, the value of the goods in accordance with the contract and the type and degree of non-compliance shall be taken into account.

The Product is inconsistent with the Contract of Sale, in particular if it:

• does not possess the properties that the Product of this type should possess due to the purpose indicated in the Contract of Sale or resulting from circumstances or usage;
• does not possess the properties the existence of which the Seller has assured to the Consumer, including presenting a sample or a pattern;
• is not suitable for the purpose which the Consumer communicated to the Seller at the conclusion of the Contract of Sale, and the Seller did not raise any objections to such a purpose;
• has been delivered to the Consumer in an incomplete state;
• does not correspond to the expectations towards a commodity of this type, based on public assurances provided by the Seller, the manufacturer or their representative, the person who introduces the consumer good to domestic trade in the scope of their business, the person who acts as the producer by placing their name, trademark or other distinctive label on the goods;
• it has not been correctly installed and activated – in case these activities were performed as part of the Contract of Sale by the Seller or by the person for whom the Seller is liable, or by the Consumer according to the manual received as part of the sale;
• does not have other features that have been agreed in a specific contract or which it should possess on the basis of the Contract.

It is recommended to include in the description of the complaint all information and circumstances stating the Product’s non-conformity with the Contract, information and circumstances regarding the complaint, Consumer’s preferred way of settling the complaint – a) repair, b) replacement for a new Product, c) price reduction, d) reimbursement of part or the entire sum paid, i.e. the Product price, shipping cost, and cost of sending the Product back to the Seller. This is recommended to be done according to the complaint description template (which can be found in the ‘Returns and Complaints’ tab), which aims to improve the complaint procedure and shall in no way affect its effectiveness.

Seller shall address the Consumer’s complaint promptly and not later than within 14 calendar days from the date of it has been submitted.

In the event the above-stated date is exceeded then the complaint shall be considered to have been approved.

Seller shall be liable under the warranty in case the physical defect shall be found before the lapse of two years from the date of the release of the Product.

Buyer’s claim for removal of a defect or a replacement of the Product shall expire after one year from the day the defect is discovered, but not earlier than within two years from the date of the release of the Product.

Invoice will serve as guarantee for the customer, showing the date when the product is bought, and should be kept for two years that the guarantee is valid.

In case the complaint shall be approved, the cost of replacement or repair of the Product shall be borne by the Seller.

The guarantee for the sold Product shall not exclude and shall not limit or suspend the rights of the Consumer resulting from the lack of compliance of the goods with the Contract, specified in this section.

• 7

[Withdrawal from contract]

The following section of Terms and Conditions shall only apply in relations with Buyers who are Consumers.

Consumer who has concluded a distance contract shall have the right to withdraw from it without stating a reason within 14 calendar days.

In order to meet the deadline, it shall be enough to send a statement within its time limit. Template available at the Whisbear.al Online store website (which can be found in the ‘Returns and Complaints’ tab) may also be used.

The returned Product should be returned, together with a statement of withdrawal from the contract referred to in ss. 3 above, to the following address: Manderina Promotion – Rr. Mihal Popi, Pall. 1 Maji, Shk 26, Nr 5, Tirana, annoted ‘RETURN’, not later than within 14 days from the date of submitting the statement of withdrawal from the contract.

In the event the Consumer has made a payment by credit card or by electronic bank transfer, the sum paid shall be reimbursed to the card or to the bank account from which the payment was made. In case payment was made by a traditional transfer or by way of payment on delivery, the sum paid shall be reimbursed to the bank account indicated by the Consumer in the statement of withdrawal from the contract or by way of a postal order, at Consumer’s discretion.

The Seller shall not be liable for failure to make a refund or for its delay in case it occurred due to the Consumer providing incorrect personal data (name, surname, address) or an incorrect bank account number.

The sum referred above shall be comprised of the price of the purchased Product, as well as the shipping costs paid by the Consumer, with the reservation that the shipping costs incurred in connection with the return of the Product to the Seller shall be charged to the Consumer.

In case the Consumer has selected a method of delivery of the Product other than the cheapest, usual delivery method available at the Whisbear.al Online Store the Seller shall not obliged to refund the additional costs incurred by the Consumer.

Consumer shall be liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. Exceeding the above limits shall not mean that the withdrawal from the contract is ineffective.

• 8

[Privacy policy]

Seller is the personal data controller as regards the data collected through the Whisbear.al Online Store.

Personal data of Buyers is protected in accordance with the Privacy Policy posted on the Whisbear.al Online Store website.

• 9

[Final Provisions]

The Seller reserves the right to amend the Terms and Conditions for important reasons, such as:

• amendments to the applicable law;
• amendments to the methods of payment and delivery – to the extent to which such amendments affect the implementation of the Terms and Conditions.

Buyers with a User Account at the Whisbear.al Online Store shall be informed about amendments to the Terms and Conditions via e-mail.

Buyers who shall not accept the amendments introduced in the Terms and Conditions shall have the right to delete the User Account at any time.

Orders placed by Customers prior to the entry into force of the amendments to the Terms and Conditions shall be processed in accordance with the current provisions of the Terms and Conditions.

In matters not covered by these Terms and Conditions, the provisions of Albanian law shall apply.